Oireachtas Joint and Select Committees

Wednesday, 5 December 2018

Select Committee on Housing, Planning and Local Government

Local Government Bill 2018: Committee Stage

6:00 pm

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I agree with much of what Deputy Cullinane said. These changes are very significant and in many respects could be very positive. I see the objective, particularly in areas that cross council boundaries. It is a question I had. I thank the Minister of State's officials for the list of the eight urban area committees. How were they selected? Is it restricted to those eight? I could give examples of many others that cross council administrative boundaries in the four Dublin local authorities, as Deputy Ó Broin and others could. If I take the Clongriffin area between Fingal and Dublin city, it is a massive area. An urban area committee such as this would be a very positive thing there. Fringe committees, such as the northern and southern fringe committees, tend not to work. They tend to be run by officials. There are no elected members on them. There is no buy-in. There is much to the concept.

I have some questions. I am conscious of the time but something as significant as this deserves more scrutiny than we are able to give it in the time available. The municipal district councils are not mentioned in this section. On the appointments to the urban area committees, will the three members from each local authority be from the municipal district councils in the relevant areas or will they be drawn from anywhere in the councils? That is not specified. Perhaps I am missing it but I cannot see it. It is fine if it is there, but it would better if it was stated that members would come from the municipal districts in the relevant areas.

There is also the matter of the ratio of members. In circumstances such as the Waterford and Kilkenny case I discussed with Deputy Ó Broin or a case involving the transfer of a small portion of one local authority into another, will a three-and-three split between the two authorities still be allowed or will the split be proportionate? If it is not proportionate, there will be a much greater weight of numbers from one local authority compared with the other.

There is also the issue of the appointment of the four laypersons, for want of a better phrase, who will be experts in four specified areas. I agree with Deputy Cullinane on this. Who decides that someone has experience and expertise in these four areas? I have no fear of having non-elected people involved and I know these appointees will not have a vote, which was my initial concern. While it is good that they will provide advice at committee level, given that these laypersons do not have a mandate, it is right they do not have a vote.

On local area plans and development plans, section 48(3)(a) allows for the insertion of a new section 17A on definitions in the Planning and Development Act 2000. It seems that an urban area committee may at any time prepare a local area plan. How does that work with the sequencing of development plans and the preparation of local area plans in local authorities? The former are currently submitted to the Department. Do the local area plans supersede the development plan in these areas? From my reading of this, that seems to be the case, although I may be incorrect. If an urban area committee decides to bring in a local area plan, do changes made in that plan automatically carry over to the development plans of the two local authorities in question? Will the council members, who now have the reserved function for development plans, have to ratify those changes?

Many questions arise. While the thinking behind this amendment is very good, it was only produced yesterday. I would like more time to add to this because I think we can work out something that would be very good. This could work in other urban areas besides the eight that have been selected. If we worked on this together as a committee, I do not envisage delaying the Bill until after Christmas. I do not think we necessarily need separate legislation. Perhaps we could address this again on Report Stage. I do not want to be negative about this but I have many unanswered questions. There is much good in it but perhaps more work is needed before Report Stage. Some input from the other parties and members of the committee should be allowed to strengthen the Bill.

I promise this is my final point. Deputy Cullinane wondered if there had been consultation with the members or chief executives of the local authorities in the eight urban areas that have been selected. It is important to ask their views because this is significant and potentially very positive legislation. I am not raising any of these questions from a negative standpoint.

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